Luxmore v Fair Trading Tribunal & Anor [2002] NSWSC 476

New South Wales Supreme Court

CITATION : Luxmore v Fair Trading Tribunal & Anor [2002] NSWSC 476 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 10265/2002 HEARING DATE(S) : 24 May 2002 JUDGMENT DATE : 4 June 2002

Peter Luxmore (Plaintiff)

PARTIES : Fair Trading Tribunal (First Defendant)

Canella Pty Limited t/as Wilson Removals (Third Defendant) JUDGMENT OF : Master Harrison

LOWER COURT FTT Queanbeyan JURISDICTION : LOWER COURT CO 2001/12081 FILE NUMBER(S) : LOWER COURT Registrar, FTT Queanbeyan JUDICIAL OFFICER :

COUNSEL : N/A Mr P J Luxmore (Plaintiff in person)

SOLICITORS : Submitting Appearance (First Defendant)

Mr J B Wilson (Second Defendant in Person) CATCHWORDS : Appeal decision of Fair Trading Tribunal - venue changed LEGISLATION CITED : Fair Trading Act 1998 CASES CITED : Kioa v West (1985) 159 CLR 550 Kearns & Anor v Fair Trading Tribunal of NSW & Anor [2001] NSWSC 951 DECISION : (1) Thre summons and notice of motion are dismissed; (2) The plaintiff is to pay the defendant's costs.

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IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

TUESDAY, 4 JUNE 2002

10265/2002 - PETER LUXMORE v FAIR TRADING TRIBUNAL & ANOR

JUDGMENT (Appeal decision of Fair Trading Tribunal; venue changed) 1 MASTER: By summons filed 30 January 2002 and notice of motion filed 28 February 2002 the plaintiff firstly, seeks an order that the decision of the Fair Trading Tribunal (FTT) made on 20 December 2001 in matter No CO 2001/12081 be set aside; secondly, that the matter be reheard or appealed to be determined by the appropriate court so that the plaintiff has the opportunity to present his case and to produce evidence so as to remedy the denial of natural justice; and thirdly, the reimbursement of his legal costs at the conclusion of the matter. The plaintiff relied on his affidavits both sworn 21 March 2002. The second defendant Canella Pty Limited t/as Wilson Removals relied on the affidavit of John Bruce Wilson, a director of the corporation, sworn 15 February 2002. Mr Luxmore appeared unrepresented. Mr Wilson is the director of Canella Pty Limited and appeared unrepresented. The first defendant filed a submitting appearance. 2 The plaintiff appeals the decision of the FTT made on 20 December 2001. It appears that there is a typographical error on the decision as it refers to 19 December 2001. The notice for hearing listed the matter for hearing on 20 December 2001. That was the day Canella was advised that the hearing would take place and this is the day Mr Wilson appeared. The plaintiff did not allege that the hearing took place on a day other than the one that was allocated. 3 The grounds of appeal are as follows: